1. Field of the Invention
The present invention relates to the field of pumice stones which are used to peel calluses from the back or from the underside of a person's toes. The present invention also relates to the field of motorized devices which are used to peel calluses in a more rapid and efficient way as opposed to a hand held pumice stone which is rubbed against the calluses by a back and forth motion from a user's hand.
2. Description of the Prior Art
The following 20 patents are relevant to the field of the present invention:
1. U.S. Pat. No. 4,061,136 issued to Giuseppe Vaniglia on Dec. 6, 1977 for “Portable Washer And Massager Apparatus For Bathtubs” (hereafter the “Vaniglia Patent”);
2. U.S. Pat. No. 5,345,640 issued to Mary A. Goss on Sep. 13, 1994 for “Motorized Back Scrubber” (hereafter the “Goss Patent”);
3. U.S. Pat. No. 5,784,722 issued to Luis A. Ureta et al. on Jul. 28, 1998 for “Shower Back Scrubber” (hereafter the “Ureta Patent”);
4. U.S. Pat. No. 6,178,970 issued to Veena E. Purifoy et al. on Jan. 30, 2001 for “Foot Sander” (hereafter the “Purifoy Patent”);
5. U.S. Pat. No. 6,210,350 issued to Mark K. Finch on Apr. 3, 2001 for “Device And Method For Removing In A Shower Or Bath Area Selected Skin Areas From A Bottom Foot Portion Of A Person” (hereafter the “Finch Patent”);
6. U.S. Pat. No. 6,523,546 issued to Jeom-Sup Jo et al. on Feb. 25, 2003 for “Pedicure Sander Having Shock-Absorbing Unit” (hereafter the “Jo Patent”);
7. U.S. Pat. No. 6,684,444 issued to Todd Wheeler et al. and assigned to Accurva, LLC on Feb. 3, 2004 for “Foot Scrubbing Device And Massaging Device” (hereafter the “Wheeler Patent”);
8. U.S. Pat. No. 6,708,351 issued to Kelly Sullinger on Mar. 23, 2004 for “Dry Skin And Callus Removal Device” (hereafter the “Sullinger Patent”);
9. U.S. Pat. No. 6,779,218 issued to Robert Jusinski on Aug. 24, 2004 for “Apparatus And Method For Ergonomic Basic Chiropody” (hereafter the “Jusinski Patent”);
10. U.S. Pat. No. 6,848,451 issued to Robert T. Postal et al. and assigned to Twist2It, Inc. on Feb. 1, 2005 for “Drive Mechanism For Oscillatory Abrasion And Polishing Tool” (hereafter the “Postal Patent”);
11. U.S. Pat. No. 7,278,431 issued to Paul M. Anderson et al. and assigned to Revlon Consumer Products Corporation on Oct. 9, 2007 for “Device for Smoothing Keratinous Surfaces” (hereafter the “Anderson Patent”);
12. U.S. Pat. No. 7,347,211 issued to Elizabeth Macklin on Mar. 25, 2008 for “Electrically Operated Sander For Removing Calluses And Increasing Circulation” (hereafter the “Macklin Patent”).
13. U.S. Pat. No. 5,913,313 issued to Pamela Jean Brunderman on Jun. 22, 1999 for “Footcare device And Method Of Using Same” (hereafter the “'313 Brunderman Patent”);
14. U.S. Pat. No. 6,142,156 issued to Pamela Jean Brunderman on Nov. 7, 2000 for “Footcare device And Method Of Using Same” (hereafter the “'156 Brunderman Patent”);
15. United States Published Patent Application No. 2005/0103357 to Jeom-Sup Jo et al. on May 19, 2005 for “Disposable Sand Cap For Removing Calluses And Callus Removal Device Having The Same” (hereafter the “Jo Published Patent Application”);
16. U.S. Pat. No. 7,267,125 issued to Michael G. Nevakshonoff on Sep. 11, 2007 for “Device For Sanding Buffing or Grinding Elongate Objects” (hereafter the “Nevakshonoff Patent”);
17. United States Published Patent Application No. 2009/0004953 to Verla M. Kinsey on Jan. 1, 2009 for “Skin Sander” (hereafter the “Kinsey Published Patent Application”);
18. U.S. Pat. No. 7,568,451 issued to Jay Drelinger on Aug. 4, 2009 for “Rotary Nail Filing Apparatus For Animals” (hereafter the “Drelinger Patent”);
19. U.S. Pat. No. 7,578,300 issued to Jeff G. Ryder on Aug. 25, 2009 for “Motorized Foot Sander” (hereafter the “Ryder Patent”);
20. U.S. Pat. No. 7,581,545 issued to Clerice Moldawski et al. on Sep. 1, 2009 for “Dermabrasive Device” (hereafter the “Moldawski Patent”).
The Vaniglia Patent is a portable power driven washer and massager apparatus for use in bathtubs. It includes a pair of roller brushes which are rotary driven by an electric motor, a heater and blower apparatus for directing hot air to the user, and means for readily mounting and dismounting the apparatus to a bathtub including adjustable locking means with suction cups. The device is intended to massage the back of a person.
The Goss Patent discloses a motorized scrubber for cleaning the back of a person. It has several rotating brushes and can be retained on the wall of a shower by suction cups. A soap dispenser provides soap to the center area of each of the brushes and another embodiment includes a water supply assembly for rinsing the user's back.
The Ureta Patent discloses a back scrubber for removable installation in a shower. A sponge is releasably held by a housing and has a thickness greater than the depths of the sidewall of the housing which retains it so that it can be used to sponge a person's back. The device discloses a back scrubber which is used to scrub a person's back and can be retained to the wall of a shower by suction cups and a sponge is used to scrub the person's back.
The Purifoy Patent discloses the concept of having a device for removing calluses from the underside of the foot by an orbital motion of a sander. It is a device that is held in the hand and is driven by a motor. A sheet of sandpaper or massaging pad is adopted to be removably attach to an orbital motion disc for foot sanding or massaging when applied thereto. The appliance body is orthopedically engineered to fit the palm of a user to enhance gripping. This is a device that is not intended to be used in a shower but is instead intended to be a personal grooming device to remove calluses from the back of the feet presumably when the person may be in the bathroom but not necessarily in a water environment such as a shower or bathtub.
The Finch Patent discloses a foot device that is retained on the bottom of a shower floor by suction cups and has a device which essentially is depicted in FIGS. 1 through 5 and is generally arch shaped and has abrasive material on it so that a person can rub each foot on the respective side of the abrasive material to remove calluses from the bottom of the feet. The device itself is stationary and the person has to move back and forth to remove the calluses from the bottom of the feet.
The Jo Patent discloses a handheld pedicure sander which is used to remove calluses from the bottom of the feet but it is not a device that is used in a shower or a water environment but instead is a handheld device. Specifically, referring to the patent text beginning on Column 3 Line 8, the patent states:                “As shown in the drawings, the pedicure sander 1 of this invention has cylindrical rotary body 10, rotatably held by a bracket 50 at its drive shaft 32 and covered with a safety housing 16 at its top. In the present invention, the rotary body 10 may be preferably formed of a pumice stone or a float stone. However, it is more preferable to make the body 10 using a plastic material or metal. The drive shaft 32 is fixedly set along the central axis of the body 10.        The rotary body 10 also has two axial fixing grooves 12 and 12a on its external surface such that the two grooves 12 and 12a are arranged in a line. Each of the two fixing grooves 12 and 12a firmly hold opposite ends of an associated one of two abrasive sheets 20 and 20a, thus allowing the two sheets 20 and 20a to closely and firmly cover desired parts of the external surface of the body 10 without being undesirably removed from the body 10.        The rotary body 10 is a cylindrical body, stepped on its external surface at a predetermined portion to form two large diameter annular parts at opposite end portions and a small diameter part 26 defined between the two large diameter annular parts. Of the two large diameter annular parts, one has a large width, while the other has a small width. The two fixing grooves 12 and 12a are formed on the two large diameter annular parts, with the two abrasive sheets 20 and 20a covering the two large diameter annular parts to form a wide abrasive part 22 and a narrow abrasive part 22a.”        
The Wheeler Patent discloses a foot scrubbing and massaging device. The patent discloses a foot scrubber and massager formed of modular parts. The broadest claim is Claim 1 which reads as follows:                “A foot scrubber comprising:        a base module having an upper and a lower surface, wherein said base module is configured to cradle and substantially conform to a foot; and        a customizable bristle module, said bristle module capable of being secured to said upper surface of said base module and said bristle module having a plurality of bristles extending outward from said bristle module, wherein said customizable bristle module may be customized to accommodate at least one plurality of interchangeable attachments.”        
The Sullinger Patent discloses a dry skin and callus removal device. The device for removing calluses and dry skin includes a base 2 with a rim 24 and a support 30 for a block of pumice 15. The base 2 has a keyhole 8 and the pumice block 15 has a receiving hole 16 to accommodate suction cups 20. Specifically, Claim 1 of the patent reads as follows:                “A non-hand held device for the removal of dry skin and calluses from the human body comprising:        (a) a planar base;        (b) a block formed entirely of abrasive material supported by said base, said block of abrasive material having a planar lower surface and an upper surface, the entirety of which is concave, for abrasion; and        (c) a plurality of suction cups attachable to said base.”        
The Jusinski Patent discloses an apparatus and method for ergonomic basic chiropody. It discloses a device which apparently needs to be positioned in a corner portion of the location so it is parallel to two perpendicular walls and the device operates to remove calluses from the feet.
The Postal Patent discloses a drive mechanism for oscillatory abrasion and polishing. It is a handheld tool which can be connected to a power source and which can be used for various abrading applications including manicuring, polishing and dermabrasion.
The Anderson Patent discloses a device for abrading the underside of a foot for removing calluses, corns, etc. The device has a concave and a convex surface so that the different locations of the foot can be massaged and calluses abraded away as illustrated in FIGS. 1 through 3. The claims require the device to be in a figure 8 configuration with a concave portion on one side and a convex portion on the other side.
The Macklin Patent discloses:                “An electrically operated sander for removing calluses and increasing circulation, having a rectangular base unit for insertion into a docking unit. The base unit has a rear end, and includes a movable base plate having rounded edges and a grainy surface area and a gripping handle. The gripping handle extends outwardly from the base unit and defines a curved junction before extending horizontally toward the rear end of the base unit. The base unit houses a motor having a drive shaft mechanically linked to the base plate. A rotating two position on-off switch actuates the motor, causing the base plate to vibrate. A rectangular docking unit has a hollow cavity for accepting the gripping handle of the base unit therein for allowing users a hands free method of removing calluses.”        
The only independent claim of invention which is Claim 1 reads as follows:                “A hands free method of removing calluses from hands or feet using an electrically operated sander, having a base unit having an on-off switch having an on position and an off position, a motor, a base plate having a grainy surface area, and having a docking unit, the steps comprising: positioning the base unit into the docking unit;        vibrating the grainy surface of the base plate by actuating the on-off switch to the on position; and        positioning calluses against the grainy surface and applying slight pressure while calluses are slowly removed.”        
The '313 Brunderman Patent contains essentially two solid objects which contain abrading material on it. There is a mound 34 on which you can rub the foot against and there is also a toe stick 32 with an abrasive surface 36 which fits within the mound so that it can be used to remove calluses from the toes.
The '156 Brunderman Patent issued in 2000 and is a continuation application of the previous Brunderman Patent.
In each of these Brunderman Patents, we are dealing with a solid object and are not dealing with anything providing rotary motion.
The Jo Published Patent Application discloses:                “The present invention provides a disposable sand cap for removing calluses and a callus removal device having the same. The disposable sand cap for removing calluses includes a cap body which has a “ ”-shaped cross-section and is made of a synthetic resin, and an abrasive sand which has a 60.about.90 mesh particle size and is attached on a lower end surface of the cap body with a bonding agent. The callus removal device has the disposable sand cap with the abrasive sand. The callus removal device includes a grip part having an elliptical shape, with a plurality of finger grooves provided at several predetermined positions around a circumferential outer surface of the grip part, thus allowing fingers of a user to be placed on finger grooves. The callus removal device further includes a sand cap support part extending downwards from a lower portion of the grip part, with an insert ring provided around a circumferential outer surface of the sand cap support part. The callus removal device further includes an intermediate depression part provided between the grip part and the sand cap support part while being depressed inwards.”        
The Nevakshonoff Patent discloses a device for sanding and buffing objects which has a rotary device on top of an elongated shaft.
The Kinsey Published Patent Application discloses:                “A skin sander for removing dead skin such as calluses and rough dry skin, including a housing, electric motor, and an oscillating sanding surface. The skin sander is ergonomically designed for use by various sized hands with minimal effort.”        
The Drelinger Patent discloses:                “A rotary nail filing apparatus for animals is described that includes a shroud or housing, an opening in the shroud that is suitable sized and shaped to allow an end portion of an animal's nail to be put through the opening, and a suitably shaped and oriented rotary grinder that is contained within the shroud grinding at least a portion of an animal's nail when put through the opening, where at least a portion of the nail particles that are grinded away by the rotary grinder are contained in a portion of the shroud. In some embodiments, the rotary grinder position/orientation and/or its surface are adjustable and/or replaceable.”        
This patent discloses an object having a rotary motion for the purpose of sanding down an animal's nails.
The Ryder Patent discloses a hand sander where there is an abrasive method on the bottom of the device and it can be rubbed against the skin to abrade calluses, etc.
The Moldawski Patent discloses:                “A lightweight, portable, electrically-powered dermabrasive device adapted to gently and painlessly remove keratinized epidermal portions of the hands and feet. The dermabrasive device includes a protective shield which shields user against contact from flakes of flying or ejected epidermis or other detritus.”        
There is a significant need for an improved dermabrasion device to remove calluses which can be operated in a water environment such as a shower or bathtub and is operated so that a person does not need to use the person's hands to operate the pumice stone when removing calluses from the underside of a person's feet.